Whitmer violated constitution

@no1marauder said
Actually a more interesting question is why the Michigan Supreme Court waited 75 years to declare the law unconstitutional and do so by a partisan 4-3 vote.

The majority espoused a "nondelegation" principle rarely successful in litigation. If and when the Court retains a non-right wing majority (which could be as soon as next month; the author of the decision is retiri ...[text shortened]... ust 21, 2020: http://publicdocs.courts.mi.gov/OPINIONS/FINAL/COA/20200821_C353655_122_353655.OPN.PDF

Let me guess. It was decided along party lines as usual.

@metal-brain said
Let me guess. It was decided along party lines as usual.

BINGO.

@no1marauder said
That's only half right. There were two statutes in question; the Emergency Management Act of 1976 and the Emergency Powers of the Governor Act of 1945.
The Court ruled that the first statute did not allow the Governor to reissue emergency orders based on it after 28 days without legislative approval, but because it conceded her actions under the second were in compliance with the law, they had to rule the second statute unconstitutional to get to the desired result.

Thank you for that explanation.

Still, the wording in the article made it seem like the governor acted unconstitutionally; that's far different from saying that the powers she was given are unconstitutional.

@metal-brain said
My quote was correct. Note the word "continuing" in my post. She had no constitutional right to extend it beyond 28 day without legislative approval. That makes her mask mandate unconstitutional at this time, but if the ruling is not final that is why she is claiming she can be a face mask Nazi a little longer.

The wording of your post is misleading and seems to imply that enforcing any measures to combat COVID was unconstitutional.

@no1marauder said
(Shrug) Articles regarding legal rulings are often wrong in the popular press.

Whitmer justified her executive orders under both statutes. The Court found her doing so under the first violated that law (not the Michigan Constitution) after April 30, 2020 because the Legislature did not renew the "state of disaster". However, it found her doing so under the second by ...[text shortened]... of a "state of emergency" to be within the law, but that the law violated the Michigan Constitution.

dictator whitmer was in violation of the Michigan constitution on BOTH. its right there in the ruling. and you're supposed to be a lawyer? LOL

"In the interest of comity, the United States District Court for the Western District of Michigan has asked this Court to resolve critical questions concerning the constitutional and legal authority of the Governor to issue such orders. We hereby respond to the federal court in the affirmative by choosing to answer the questions the federal court has certified, concluding as follows: first, the Governor did not possess the authority under the Emergency Management Act of 1976 (the EMA), MCL 30.401
et seq., to declare a “state of emergency” or “state of disaster” based on the COVID-19 pandemic after April 30, 2020; and second, the Governor does not possess the authority to exercise emergency powers under the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.31
et seq., because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.

Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law."

https://www.michigancapitolconfidential.com/archives/2020/In%20re%20Certified%20Questions-OP.pdf

@mott-the-hoople said
dictator whitmer was in violation of the Michigan constitution on BOTH. its right there in the ruling. and you're supposed to be a lawyer? LOL

"In the interest of comity, the United States District Court for the Western District of Michigan has asked this Court to resolve critical questions concerning the constitutional and legal authority of the Governor to ...[text shortened]...

https://www.michigancapitolconfidential.com/archives/2020/In%20re%20Certified%20Questions-OP.pdf

“ , because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution. ”
That bit there says that the act utilised to declare a state of emergency is and of itself unconstitutional. (according to a right wing panel ) this is a political decision to follow the Trumptard and put the economy above lives.

@kevcvs57 said
“ , because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution. ”
That bit there says that the act utilised to declare a state of emergency is and of itself unconstitutional. (according to a right wing panel ) this is a political decision to follow the Trumptard and put the economy above lives.

the legislature shouldnt have any power ? you do know that is the peoples representatives? do you think the gov should have absolute power?

@mott-the-hoople said
dictator whitmer was in violation of the Michigan constitution on BOTH. its right there in the ruling. and you're supposed to be a lawyer? LOL

"In the interest of comity, the United States District Court for the Western District of Michigan has asked this Court to resolve critical questions concerning the constitutional and legal authority of the Governor to ...[text shortened]...

https://www.michigancapitolconfidential.com/archives/2020/In%20re%20Certified%20Questions-OP.pdf

Yes, the Court found that the Legislature's delegation of power was in violation of the Michigan Constitution.

@no1marauder said
Yes, the Court found that the Legislature's delegation of power was in violation of the Michigan Constitution.

a little word play there, but yes the gov was trying to delegate the legislatures power to herself, that is what the court found.

you didnt address your claim that the court ONLY ONE charge violated the Michigan constitution when in fact BOTH did.

@mott-the-hoople said
a little word play there, but yes the gov was trying to delegate the legislatures power to herself, that is what the court found.

you didnt address your claim that the court ONLY ONE charge violated the Michigan constitution when in fact BOTH did.

No, it didn't. It found the Legislature's delegation of power in the 1945 act to be in violation of the Michigan Constitution.

Nor did it find the 1976 statute unconstitutional.

@no1marauder said
No, it didn't. It found the Legislature's delegation of power in the 1945 act to be in violation of the Michigan Constitution.

Nor did it find the 1976 statute unconstitutional.

"Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law"

the constitution IS the law.

@mott-the-hoople said
"Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law"

the constitution IS the law.

Why do you think the word "now" is in that sentence?

@no1marauder said
Why do you think the word "now" is in that sentence?

the 28 days are up, it is now up to the people via representatives...whitmers dictatorship is over, life can go on.

@mott-the-hoople said
the 28 days are up, it is now up to the people via representatives...whitmers dictatorship is over, life can go on.

We'll see what the people in Michigan decide in four weeks. Whitmer's strong response to the COVID crisis has been extremely popular with that State's voters:

"Pollster Richard Czuba’s latest numbers show 61% of the public believes the governor is doing a good job on the COVID-19 front despite strong criticism from the two Republican legislative leaders that she has abused her executive authority and criticism from the president at her conduct.

Driven by her conduct on COVID-19, now instead of a 43% plus rating, it’s 59% and the governor’s popularity with certain voting groups is well into the 60% range.

65% of the women give the governor high marks compared to 52% of the men.

62% of independent voters agree with Whitmer’s actions and 61% of the state’s senior citizens approve of her performance.

African-Americans support her with a 97% vote of confidence compared to 52% for white voters."

https://www.wlns.com/news/michigan/skubick-poll-shows-gov-whitmers-approval-rating-climbing/

Republicans are playing politics with people's lives as usual.

@no1marauder said
We'll see what the people in Michigan decide in four weeks. Whitmer's strong response to the COVID crisis has been extremely popular with that State's voters:

"Pollster Richard Czuba’s latest numbers show 61% of the public believes the governor is doing a good job on the COVID-19 front despite strong criticism from the two Republican legislative leaders that she has a ...[text shortened]... whitmers-approval-rating-climbing/

Republicans are playing politics with people's lives as usual.

a smart man learns from his mistakes...still leaning on polls I see